Legal Insights Archive

As a creditor, you have the ability to assert certain claims within your customer’s bankruptcy case. One easy way to do that if the case is an asset case is to file a proof of claim. The claim will set forth amounts due from the debtor to you and the grounds from which this amount […]

School administrators are often frustrated by cost overruns and delays on much needed capital improvement projects in recent years. Yet many of those same administrators and their counsel continue to employ the same techniques and methodologies that have failed in the past. Our firm had the opportunity to serve as counsel on probably the largest […]

When faced with litigation, whether pursuing a contractor or owner that failed to pay you, or whether you are being pursued for payment, there are many options available which may help reduce time, expenses and delays associated with traditional litigation. Here are four to consider: 1. Mediation Mediation is a non-binding settlement negotiation conduced with […]

The automatic stay, set forth at 11 U.S.C. §362, is one of the most critical hurdles for creditors when their customers file for bankruptcy. The stay is generally immediately effective upon the filing of the debtor’s bankruptcy without the debtor taking any additional action. It prohibits, among other things: The commencement or continuation of a […]

We often hear people from all different backgrounds in the construction industry make the distinction between “Type 1” and “Type 2” differing site condition claims. We see the distinction made in conversations with clients, in drafting and negotiating construction contracts, and at trade association events and construction law related seminars. Indeed, in a recent count, […]